Federal Legislative Issues Update - Oct 2004
October 2004
Get Out and Vote!
The Presidency, one third of the United States Senate, and all of the House of Representatives will be elected on November 2. That does not count the multiple offices in local and state governments across the nation also on the ballot. Because policies decided with these elected officials will affect you for years to come, it is extremely important to get out and vote. For more information on candidates and issues, check out the Legislative Action Center's "Elections & Candidates" section at http://capwiz.com/aota/home/, the list of candidates supported by AOTPAC at http://www.aota.org/members/area1/docs/cansup04.pdf, the Republican and Democratic Committee Web sites at www.rnc.org and www.dnc.org, or read the special section in the October 18 issue of OT Practice that looks at President Bush's and Senator Kerry's plans for disability policy, education and health care. Remember, every vote really does count! Enjoy your freedoms and rights! Vote!
Congress' Current Legislative Calendar Outlook
Congress recessed earlier this month for the fall election campaign, leaving a load of unresolved legislation. Congress is expected to reconvene on November 16 in a "lame-duck" session to pass the remaining FY 2005 appropriations bills as part of an omnibus bill. The time after the November elections and before the next Congress are referred to as a lame duck session because some lawmakers who return for this session--those who lost their bid for election or did not run,-will not be in the next Congress. Hence, they are informally called lame duck Members participating in a lame duck session.
Among the bills still needing to be passed is the Labor-HHS-Education appropriations bill for FY 2005. It is expected that this and other bills will be put together in a package called an "omnibus" bill. AOTA and the Health Professionals and Nursing Education Coalition (HPNEC) have been working with Senate and House officials to secure funding for Title VII and VIII health professions in the Labor-HHS-Education appropriations bill to meet at least FY 2003 levels. AOTA is also pursuing additional funding for older driver research.
As reported in last month's Update, the Senate Appropriations Committee approved its FY 2005 Labor-HHS-Education bill in September call for additional funding for the Title VII health professions education programs above what is included in the appropriations bill passed by the House earlier in the month.
House and Senate leaders disagree vigorously about the way the Senate Appropriations Committee added funding for Labor-HHS-Education spending. Thus, what will be in the omnibus bill is still unknown. It is extremely important for practitioners to contact their Members of Congress and voice their concern over this funding. Title VII and Title VIII of the Public Health Service Act authorize a variety of grants for students, programs, and institutions to improve the racial and ethnic diversity, geographic distribution, and quality of the health care work force. Use the Legislative Action Center at http://capwiz.com/aota/home/ to contact your Member of Congress.
2005 White House Conference on Aging
Planning is underway for the 2005 White House Conference on Aging (WHCOA), which will be held in Washington, DC next October. AOTA has learned of several opportunities for occupational therapists and occupational therapy assistants to provide input to the planning committee about issues facing the aging population. The first of these "listening sessions" was held in Idaho this month, and was sponsored by Senator Larry Craig (R-ID). These listening sessions will be an opportunity for practitioners across the nation to attend and talk about how occupational therapy helps older and aging adults, especially as it relates to key issues. The WHCOA planning committee is interested in hearing about issues related to financial planning along the lifespan; employment; community issues, including transportation, housing, health promotion and disease prevention, use of technology, and home and institutional care; social engagement related to community service, leisure activities and lifelong learning; and marketplace issues such as responses to consumer needs and demands and product development.
AOTA will be working to keep occupational therapy visible in the process and keep you informed of the progress of the White House Conference on Aging and will notify members about future listening sessions. If you have any questions, please feel free to contact the Federal Affairs office at 301-652-6611 ext. 2010 or go to the Web site at http://www.whcoa.gov/ for more information.
Individuals With Disabilities Education Act (IDEA) Reauthorization
As reported in the September Update, the Senate appointed all of the members of the Health, Education, Labor and Pensions (HELP) Committee as its conferees to the House-Senate Individuals with Disabilities Education Act Conference Committee. The House appointed eight conferees from its Committee on Education and the Workforce on October 8. These appointments signal Congressional intent to complete its work on the IDEA reauthorization when Congress returns after the November elections for the lame duck session. AOTA will be working individually and in its leadership role with the Consortium for Citizens with Disabilities (CCD) to ensure its issues are addressed in the Conference bill and report. Stay tuned to the Legislative Action Center for more information as it becomes available.
Education Funding
Congress recessed before completing work on the FY 2005 education appropriations included in the Labor-HHS-Education bill mentioned earlier. As reported in last month's Update, the House had approved $57.68 billion for elementary education programs ($0.34 billion over the President's recommendations), $11.07 billion for Part B of IDEA, or $1 billion over FY 2004. The Senate Appropriations Committee had approved $58.85 for elementary and secondary education programs ($1.51 billion over the President's levels), which includes $11.23 billion for Part B. Twenty million dollars was added by the Senate for states to work on assessments for students with disabilities and students with limited English proficiency under the No Child Left Behind Act. Other IDEA programs would also receive increases in the Senate bill, including $12.3 million for preschool grants, and $2 million for personnel preparation, while Part C for early intervention is level-funded. The full Senate still has to approve these recommendations.
Congress reauthorizes the Assistive Technology Act
On October 8, the House of Representatives overwhelmingly passed legislation to expand access to technology for individuals with disabilities. The bipartisan bill, the Assistive Technology Act of 2004 (H.R. 4278), which was approved by the Senate in late September, is now headed to President Bush for his signature. H.R. 4278 will refocus resources to provide more direct aid to individuals with disabilities by requiring states to spend the majority of their assistive technology grants on activities that directly benefit individuals with disabilities. The bill also encourages states to invest in programs that have been shown the most effective in providing assistive technology devices. A summary of the Assistive Technology Act of 2004 can be accessed at http://edworkforce.house.gov/issues/108th/education/at/billsummary.htm.
Statements Submitted to Congress
During September, AOTA staff submitted statements to the Senate Special Committee on Aging and the House Energy and Commerce Committee's Subcommittee on Health regarding occupational therapy's relationship to older workers and to preventive benefits in Medicare.
The Senate Special Committee on Aging held two hearings entitled "A Fresh Look at Mandatory Retirements: Do They Still Make Sense?" and "Breaking the Silver Ceiling: A New Generation of Older Americans Redefining the New Rules of the Workplace." Each hearing was held to look at a deeper level at the issues surrounding older workers as people continue to work past the traditional retirement age. The statement was written in order to draw attention to the benefits of occupational therapy for older workers. Go to the AOTA Newsroom at http://www.aota.org/nonmembers/area1/INDEX.asp#issue and look under the issue statements tab to read the full statement submitted to the Senate.
The House Energy and Commerce Committee's Subcommittee on Health held a hearing entitled "Keeping Seniors Healthy: New Preventive Benefits in the Medicare Modernization Act." AOTA commented on the need to address certain critical issues (e.g., cognition) in the new initial eligibility physical and assure referrals for occupational therapy are made if appropriate. Also, as Congress reviews expansions of access to important preventative benefits for seniors under the Medicare program, AOTA has urged attention to access to currently covered Medicare services for preventative purposes. You can also go to the AOTA Newsroom at http://www.aota.org/nonmembers/area1/INDEX.asp#issue and look under the issue statements tab to read the full statement submitted to the House Committee.
White House Shifts Funds for SCHIP
The State Children's Health Insurance Program (SCHIP) was created by the 1997 Balanced Budget Act (PL 105-33). States receive grants to offer coverage to low-income children whose families are not poor enough to qualify for Medicaid.
Congress had requested to let states tap grants for SCHIP beyond the deadline of midnight September 30. However, administration officials said the week of September 27 that, rather than extending the deadline, they would redistribute unused money from FY 2002. States lost access to $1.1 billion of unspent program funds when FY 2005 began October 1. Some states that are fighting budget problems were not able to use all the FY 2002 money by the deadline because their tight budgets made it difficult to supply the required matching funds.
Senators John D. Rockefeller IV (D-WV) and Lincoln Chafee (R-RI) have introduced a bill (S. 2759), supported by governors, that would let states tap the $1.1 billion in FY 2002 funds past the deadline. Under the bill, certain financially strapped states would get more funds over the next 3 years than under the administration's plan.
Federal Affairs Staff on the Move…
AOTA Federal Affairs staff has participated in discussions with state associations, occupational therapy students, and state officials across the nation this month.
Chief Public Affairs Officer Chris Metzler spoke to Thomas Jefferson University's leadership class on public policy, the November elections, and the impact on occupational therapy. Federal Affairs Representative Leslie Jackson, was at the Missouri Occupational Therapy Association Conference presenting on IDEA reauthorization at Maryville University in St. Louis. She also visited the Hawaii Department of Education's occupational therapy/physical therapy Institute to talk about the implications of IDEA reauthorization for related services and gave a presentation to state education officials about IDEA reauthorization and the role of related services in school success and student achievement. Legislative Representative Dan Jones attended the Connecticut Occupational Therapy Association fall conference to discuss the importance of advocacy in promoting occupational therapy.
AOTPAC
Election Day is nearing and we hope that all AOTA members who are eligible to vote on November 2 take that civic responsibility to heart and get to the polls. For a list of candidates supported by AOTPAC, AOTA members can check the AOTA Web site at http://www.aota.org/members/area1/docs/cansup04.pdf.
AOTPAC Board members will be at the following state conferences in October and November: Massachusetts, Tennessee, Illinois, and Texas. Look for them if you attend.
Do you have a grassroots advocacy story to tell? Do you know or have a connection to your Senators or Representatives? Contact AOTA's Federal Affairs Department and share your experience! E-mail: fad@aota.org, mail: PO Box 31220, Bethesda, MD20824-1220 , phone: 800-729-2682, or fax: 301-652-7711.
Last Update: 10/24/04